Case law

Jones v. White

District Court, N.D. West Virginia · Jun 5, 2018

“Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established … The Fourth Circuit has stated: Qualified immunity protects [police] officers who commit constitutional violations but who, in light of clearly established

Erie Insurance Property & Casualty Co. v. Stage Show Pizza, JTS, Inc.

210 W. Va. 63 · West Virginia Supreme Court · Jul 9, 2001

By enacting the deliberate intention statute, in W.Va.Code, 23 — 4—2(c) the Legislature specifically stated that it “intended to create a legislative standard for loss of that immunity” established in W.Va.Code, 23-2-6. … Coverage for employees was clearly excluded from Erie’s the commercial general liability policy sold to Stage Show Pizza; we believe it was just as clearly included in the employers’ liability endorsement attached to that

Estate of Wayne A. Jones v. The City of Martinsburg

District Court, N.D. West Virginia · Sep 7, 2018

In so holding, the Fourth Circuit reviewed the clearly established law as of October 2012. … Thus, while the force may have ultimately been unreasonable, the clearly established law in March 2013 “fell short of providing sufficient notice” to bar qualified immunity.

Morris v. Crown Equipment Corp.

219 W. Va. 347 · West Virginia Supreme Court · Jul 12, 2006

Privileges and Immunities In Austin v. … It is now established that under the Privileges and Immunities Clause there is ordinarily no difference between discrimination based on a person's "residence" and discrimination based on a person’s "citizenship.” ...

In Re FELA Asbestos Cases

222 W. Va. 512 · West Virginia Supreme Court · Jul 2, 2008

Va.Code, 56-l-l(c) [2003] against the Privileges and Immunities Clause. … Va.Code, 56-1-la [2007] to formally establish a doctrine of forum non conveniens.

Chad Edwards and Matthew Maxwell v. Rhonda Star, Individually and as Administratrix of the Estate of Robert E. Stark

West Virginia Supreme Court · Nov 17, 2022

But it bypassed the question of whether a heightened deliberate intent claim qualifies as one of the exceptions. … With that immunity established, a heightened deliberate intent claim represents the only potential claim against them. But because Mrs.

Cherie and Tony Lawyer v. Morgan Co. War Memorial Hospital

West Virginia Supreme Court · Nov 22, 2013

We note that the issue of “[w]hether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly … However, that statute provides that the applicable standard of care “shall be established in medical professional liability cases by the plaintiff . . .

Summers v. West Virginia Department of Homeland Security

District Court, S.D. West Virginia · Oct 31, 2022

(2) Qualified Immunity Lastly, Deputy Lester argues that he is entitled to qualified immunity as to Count I of the FAC—unreasonable search and seizure … However, Deputy Lester’s alleged violation occurred before the Supreme Court’s opinion in Caniglia, which does leave him the opportunity to argue that his qualified immunity defense is intact due to the law not being “clearly

Wilson v. Frame

District Court, S.D. West Virginia · Mar 23, 2020

of a clearly established right and (2) the use of restraints in this case is not a violation of a clearly established right. … “The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have

Martin

District Court, S.D. West Virginia · Nov 12, 2025

Qualified Immunity When determining whether a defendant is entitled to qualified immunity for an excessive force claim under 42 U.S.C. § 1983, courts “examine (1) whether the … Va. 2023) (“West Virginia’s qualified immunity jurisprudence mirrors federal law.”).

Reeves v. Meddings

District Court, S.D. West Virginia · Nov 19, 2021

Immunity Defendant first contends that he is entitled to qualified and statutory immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Powell v. Wood County Commission

209 W. Va. 639 · West Virginia Supreme Court · Jun 8, 2001

Va.Code § 29-21-9 (1996), which establishes procedures for the appointment of legal counsel to indigent citizens, and W. Va.Code § 29-21-20 (1989), which shields appointed counsel from liability from suit. … The statute that governs this case clearly limits the liability of any attorney appointed by a court pursuant to W.

Morgan v. Logan County Commission

District Court, S.D. West Virginia · Apr 18, 2019

(ECF No. 9 at 4.)1 “Qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “In order for a plaintiff to overcome an official’s qualified immunity defense, the plaintiff must demonstrate (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Sanger v. Dodrill

District Court, S.D. West Virginia · Jun 5, 2023

In addition, the Plaintiff argues that Defendants Dodrill and Hogan are not entitled to qualified immunity because their actions were not reasonable and the rights at issue were clearly established. A. … Even if the Plaintiff could specify a clearly established constitutional right at issue, qualified immunity would protect their “reasonable but mistaken judgment” about how best to assist Mr.

Aaron S. Fitzpatrick v. Cabell County Commission

West Virginia Supreme Court · Nov 22, 2013

According to the complaint, Respondent Wayne County Commission and Respondent Cabell County Commission had entered into an agreement to establish the day report center. … Fairmont City Police Department, 186 W.Va. 336, 412 S.E.2d 737 (1991), that “the general rule of construction . . . favor[s] liability, not immunity: unless the legislature has clearly provided for immunity under the circumstances

Carder v. Tinney

District Court, N.D. West Virginia · Aug 10, 2017

, individual officials performing discretionary functions are immune from liability for civil damages insofar as their conduct does not violate “clearly established statutory or constitutional … The doctrine of qualified immunity “protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful

Perkins v. United States

848 F. Supp. 1236 · District Court, S.D. West Virginia · Apr 7, 1994

The United States enjoys sovereign immunity from suits for damages at common law. The Federal Tort Claims Act is a limited statutory waiver of this sovereign immunity. … is clearly shown.

Owens v. The City Of Pennsboro

District Court, N.D. West Virginia · Feb 9, 2021

An official is not entitled to qualified immunity, however, if his acts are “in violation of clearly established statutory or constitutional rights or laws of which a reasonable person would … violation occurred and (2) whether the right violated was clearly established.”

Hood v. West Virginia Department of Health and Human Resources

District Court, S.D. West Virginia · Feb 13, 2023

But at this juncture, I find that Plaintiffs, on behalf of J.H., state a viable claim of conspiracy to violate clearly established law. … Moreover, qualified immunity is available only to officials whose “conduct did not violate clearly established laws of which a reasonable official would have known.” , 483 S.E.2d at 520 (quoting Syl. pt. 1,

State Ex Rel. Brown v. MacQueen

169 W. Va. 56 · West Virginia Supreme Court · Dec 18, 1981

The trial court, after determining that the petitioner’s testimony would be clearly exculpatory and essential to Collins’ defense, and that the ends of justice would be promoted by compelling the petitioner to testify, granted … As a result of this language, Counselman was generally regarded to have established a transactional immunity rule.